Political antiSpam of sistemail

In sistemail we are totally conscious of our responsibilities towards the good practices of use of the e-mail and we are against frontally to the shipment of e-mails nonasked for (Spam), putting all the efforts of our part to prevent the illegal use of the e-mail.

Sistemail does not allow under any concept the use of its platform nor its services for the shipment of e-mail nonwished (Spam) or that it does not fulfill the effective norms. In case the one is detected that some of our clients uses sistemail to realise shipment of mail nonwished (Spam), sistemail has the capacity to annul the contract of use of immediate way.

Sistemail as much counts on a series of measures and procedures technicians as formal directed to avoid the one that through their platform is realised not wished shipments of e-mail:

  • Our clients must pass a technical validation (a process of registry with validations through e-mail) before being able to have sistemail.
  • Sistemail incorporates in all the e-mails that emit our clients an obligatory system that it allows, in all the cases, that the receiver of the mail can be terminated of automatic way, easy and gratuitous.
  • Sistemail terminates of automatic form, by the emitting sender, all those accounts of mail that are given back from the destiny servers as nonexistent accounts.
  • Sistemail terminates of automatic form, by the emitting sender, all those accounts of mail that mark to the mail cone Spam.
  • Our clients must realise a technical validation of the mail accounts that will be used as sending post office in the different shipments having to be these valid accounts and in possession and control of our clients.

In addition Sistemail can determine under its criterion when one of its clients is incurring Spam practices. Some of these factors are: complaints received in our account of report of abuse of Spam (abuse@poplavka.net), information of inclusion in black lists, complaints received by our suppliers of lodging, analysis of statistics of massive shipments realised by our clients and any unfounded suspicion of identity impersonation.

Commercial communications through e-mail. What is Spam? *

In the following text the effective norm is approached and they are clarified you rule to follow for the accomplishment of commercial communications through e-mail in agreement with the effective norm and without including in practices considered as Spam.

1. Present legal regime

1.1. The commercial communications and the promotional supplies will be in force, in addition to by the Law 34/2002 or LSSI, its own norm and the effective one in commercial matter and of publicity.

1.2. Also, it will be of application the Statutory law of Protection of Data 15/1999, 13 of December, Protection of Personal Character data, and its norm of development concerning the obtaining of personal data, the information to interested and the creation and maintenance of files of personal data.

Next the different articles from the Law 34/2002 or LSSI will be analyzed:

2. Conditioners on the piece or communication to send

According to the article 20 of the Law 34/2002 or LSSI, the communications to send they must include certain information and satisfy the set out requirements next:

2.1. The commercial communications realised by via electronics will have to be clearly identifiable as such and will have to indicate the legal natural person or in the name of who they are realised. In the case in that they take place through e-mail or another equivalent electronic mass media will in the home include of the message the word “publicity”.

2.2. In the assumptions of promotional supplies, as which they include discounts, prizes and gifts, and of contests or promotional, previous games the corresponding authorization, will be due to assure, in addition to the fulfillment of the requirements established in the previous section and the norms of arrangement of the commerce, that clearly stay identified as such and that the conditions of access and, where appropriate, of participation are expressed of clear and unequivocal form.

3. When the shipment of communications through e-mail is prohibited realising.

According to the article 21 of the Law 34/2002 or LSSI, it is prohibited the by email electronic shipment of communications advertising or promotional or another specifically authorized mass media electronic equivalent that had previously not been asked for or by the adressees of the same.

In case the adressees have maintained trade relations with the emitter, the shipment of communications through e-mail yes is authorized, whenever these talk about to products or services offered by the emitter and that are similar to that initially they were hiring object.

It is for that reason that will be able to realise shipments of communication through e-mail to its clients, as much to the present ones as to whom they had trade relations with you in the past, as long as it respects the conditioners on the pieces or communications to send and the rights of the adressees who explain themselves in the section fourth of this document.

4. Rights of the adressees.

According to the article 22 of the Law 34/2002 or LSSI the rights of the adressees of the commercial communications through e-mail are the following:

4.1. If the adressee of services had to facilitate his email address during the hiring process or of subscription to some service and the lender he would try to later use it for the shipment of commercial communications, he will have to inform of his client that intention and to ask for his consent for the reception of these communications, before finalizing the hiring procedure.

For it several procedures exist:

It doubles Opt-in: System of registry by which the user accepts and confirms his express consent of form expresses and unequivocal (generally through a validation through e-mail), although always revocable, to receive communications through its e-mail.

Opt-in notified: System of registry by which the user subscribes by the system Opt-in and immediately later receives a message giving the option to terminate itself him. If the user opens the message but he is not terminated subscribed continuous but, Opt-in he is notified.

Opt-in: (Authorization) one occurs when a user gives express and unequivocal permission to a company so that he uses his e-mail with the purpose of to receive commercial information, although does not confirm the subscription from his own account of mail (as generally in the double Opt-in).

In addition the Statutory law to Protection of Data 15/1999, of 13 of December establishes the exigency of which when it is come to the pick up of personal data, as the email address, the existence of the file to the Spanish Agency of Protection of Data will be due to notify. (http://www.agpd.es).

4.2. The adressee will be able at any time to revoke the consent given to the reception of commercial communications with the simple notification of his will to the sender.

To this end, the lenders of services will have to qualify simple and gratuitous procedures so that the adressees of services can revoke the consent that had rendered.

Also, they will have to facilitate accessible information by electronic mediums on these procedures.

* Note: This text is for a reason or purpose informative, in no case is due to consider this information as a legal advising.